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REZ2018-00006
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PS November 2017 Ref: 747-759-4312
Zoning
John A. Vithoulkas County Manager
CR APT Land LC 1415 E. Main Street Richmond, VA 23219
Dear Sirs:
COMMONWEALTH OF VIRGINIA
COUNTY OF H ENRI CO
June 19, 2018
Re: Rezoning Case REZ2018-00006
The Board of Supervisors at its meeting on June 12, 2018, approved your request to conditionally rezone from 0-3 Office District and 0 -3C Office District (Conditional) to UMUC Urban Mixed-Use (Conditional) Parcel 747-759-4312 containing 5.427 acres located on the west line of Cox Road at its overpass of 1-64, described as follows:
Beginning at a point marked P.O.B; said point being the intersection of the west line of Cox Road and the north line of Interstate 64; thence along the north line of Interstate 64 N 58°41'29" W 246.31' to a point; thence along a curve to the right having a length of 435.75', a radius of 10,636.97', a chord bearing of N 51°36'08" W and a chord of 435. 72' to a point; thence leaving the north line of Interstate 64 N 41°35'18" E 169.74'; to a point; thence N 16°06'57" E 30. 76' to a point; thence S 73°53'03" E 482.56' to a point; thence S 66°38'13" E 103.05' to a point; thence S 73°53'03" E 148.99' to a point on the west line of Cox Road; thence along the west line of Cox Road S 23°23'00" W 91.90' to a point; thence along a curve to the right having a length of 262.09', a radius of 751.72', a chord bearing of S 35°40'17" W and a chord of 260.76' to a point; thence S 62°28'23" W 92.56' to the Point of Beginning, marked P.O.B. and continuing 5.427 acres.
The Board of Supervisors accepted the following proffered conditions, dated May 2, 2018, which further regulate the above described property in addition to all applicable provisions of Chapter 24, Code of Henrico (Zoning Ordinance) :
1. Master Plan. The Property shall be developed in general conformance with the standards set forth in the pattern book entitled "COX ROAD MUL Tl-FAMILY DEVELOPMENT, HENRICO COUNTY, VIRGINIA, COMMUNITY PATIERN BOOK," dated May 1, 2018, prepared by Poole & Poole Architecture , LLC (the "Pattern Book") , (see case file) which is conceptual in nature and may vary in massing , height and final density provided the design , general layout, elevations and other details are in general conformance with the Pattern Book. The specific design, general layout, elevations and other details may vary from the Pattern Book as required for final engineering, design or compliance with governmental regulations, or as approved during any Plan of Development, subdivision , or building permit review or by the Director of Planning provided the Director of Planning finds the deviations are generally in keeping with the spirit and intent of the Pattern Book.
(804) 501-4206 PARHAM & HUNGARY SPRING ROADS I P.O. BOX 90775 /HENRICO, VIRGINIA 23273-0775 FAX (804) 501-4162
CR APT Land LC June 19, 2018 Page 2
2. Prohibited Uses. The following uses shall be prohibited on the Property:
a. automotive filling and service stations including towing service; b. billiard, bagatelle, video game or a bingo parlor, unless accessory to a permitted
use; c. flea markets or antique auctions; d. billboards; e. recycling facilities ; f. funeral homes, mortuaries, crematories and/or undertaking establishments; g. dance halls; h. truck stops; i. gun shop, sales and repair; j. sign painting shops; k. theaters; I. communication towers; m. adult businesses as defined by Section 24-3 of the Henrico County Code; n. establishments whose primary business is check cashing and/or the making of
payday loans as defined and regulated by Sections 6.2-2100 et seq. and 6.2-1800 et seq. of the Code of Virginia (the foregoing shall not preclude banks, savings and loans or similar financial institutions that are not regulated by the foregoing Virginia Code sections);
o. restaurants with drive-thru windows, not to exclude, however, restaurants with dedicated parking spaces for the pick-up of carry-out food nor restaurants whose primary business is the sale of specialty coffees or other non-alcoholic beverages or pastry;
p. car title loan operations ; q. fuel pumps associated with permitted uses; and r. motels or motor lodges.
3. Severance. The unenforceability, elimination , revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer.
The Planning Department has been advised of the action of the Board of Supervisors and will revise its records.
pc: Andrew M. Condlin, Esquire Director, Real Estate Assessment
!L:ely,
(£_: !{,~ John A. Vithohfkas County Manager
Tiffany S. Hinton , Ph.D., Dir. Research and Planning - Schools
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
1
COX ROAD MULTI-FAMILY DEVELOPMENT HENRICO COUNTY VIRGINIA MAY 1, 2018
COMMUNITY PATTERN BOOK
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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TABLE OF CONTENTS
CONTENTS PAGE
COX ROAD PROFFERS 3
AERIAL VIEW OF PARCEL 5
CONCEPTUAL SITE PLAN 6
CONCEPTUAL ELEVATIONS 7
PROVISIONAL USE PERMITS REQUIRED 12
DEVELOPMENT STANDARDS 14
MINIMUM AREA 14
HEIGHT 14
STREET ACCESS 14
INTERNAL CIRCULATION 15
SIDEWALKS 15
MINIMUM YARD 17
LANDSCAPING AND BUFFERING 17
COMMON AREA, OPEN SPACE & PRESERVATION 28
LIGHTING 31
PARKING 32
COMPREHENSIVE SIGN PROGRAM 34
DEWELLINGS IN SPECIAL FLOOD HAZARD AREA 37
COVENANTS REQUIRED 37
ROADS 38
HVAC 38
COMMERCIAL VEHICLES 38
IMPROVEMENTS 39
PUBLIC WATER AND SEWER 39
UTILITY LINES UNDERGROUND 39
OUTSIDE STORAGE AND REFUSE 39
ARCHITECTURAL AND SITE DESIGN POLICIES 39
TRANSIT POLICIES 42
LANDSCAPING, BUFFERING, AND OPEN SPACE POLICIES 42
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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Cox Road Proffers
1. Master Plan. The Property shall be developed in general conformance with the standards set forth in the
pattern book entitled “COX ROAD MULTI-FAMILY DEVELOPMENT, HENRICO COUNTY, VIRGINIA, COMMUNITY
PATTERN BOOK,” dated May 1, 2018, prepared by Poole & Poole Architecture, LLC (the “Pattern Book”), which
is conceptual in nature and may vary in massing, height and final density provided the design, general layout,
elevations and other details are in general conformance with the Pattern Book. The specific design, general
layout, elevations and other details may vary from the Pattern Book as required for final engineering, design or
compliance with governmental regulations, or as approved during any Plan of Development, subdivision, or
building permit review or by the Director of Planning provided the Director of Planning finds the deviations are
generally in keeping with the spirit and intent of the Pattern Book.
2. Prohibited Uses. The following uses shall be prohibited on the Property:
a. automotive filling and service stations including towing service;
b. billiard, bagatelle, video game or a bingo parlor, unless accessory to a permitted use;
c. flea markets or antique auctions;
d. billboards;
e. recycling facilities;
f. funeral homes, mortuaries, crematories and/or undertaking establishments;
g. dance halls;
h. truck stops;
i. gun shop, sales and repair;
j. sign painting shops;
k. theaters;
l. communication towers;
m. adult businesses as defined by Section 24-3 of the Henrico County Code;
n. establishments whose primary business is check cashing and/or the making of payday loans as defined
and regulated by Sections 6.2-2100 et seq. and 6.2-1800 et seq. of the Code of Virginia (the foregoing shall
not preclude banks, savings and loans or similar financial institutions that are not regulated by the
foregoing Virginia Code sections);
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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o. restaurants with drive-thru windows, not to exclude, however, restaurants with dedicated parking spaces
for the pick-up of carry-out food nor restaurants whose primary business is the sale of specialty coffees or
other non-alcoholic beverages or pastry;
p. car title loan operations;
q. fuel pumps associated with permitted uses; and
r. motels or motor lodges.
3. Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or
in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such
proffer.
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COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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Provisional Use Permits Required
1. Master Plan, Density, and Percentage of For-Lease Multifamily Units. All development on the Property shall
be in general conformance with the Cox Road Multifamily Development Community Pattern Book, dated
May 1, 2018, which is conceptual in nature. The development of the Property may be phased and may vary
in massing, height and final density provided the design, general layout, elevations and other details are in
general conformance with the Pattern Book. The specific design, general layout, elevations and other details
may vary from the Pattern Book as required for final engineering, design or compliance with governmental
regulations, or as approved during any Plan of Development, subdivision, or building permit review or by the
Director of Planning provided the Director of Planning finds the deviations are generally in keeping with the
spirit and intent of the Pattern Book. Development shall not exceed (but may be less than) seventy-five (75)
units per acre. The total number of dwelling units shall not exceed (but may be less than) 407 units. The
number of for lease multi-family dwelling units may exceed 30% of the total units of the UMU district and all of
the units developed on the Property may be multi-family for-lease.
2. Outdoor Vending Areas. Areas of the Property may be designated on the master plan, which may be
revised from time to time, or a Plan of Development, for the preparation or service of food or beverages or
the sale or display of merchandise conducted in an open area or structure by one or more individual vendors
operating from stalls, stands, carts, vehicles or other spaces which are rented or otherwise made available to
such vendors. Such activities may include a market, the sale of merchandise as part of a permitted festival or
other similar special event, or the outdoor display or sale by a single food or beverage vendor, operated as
an incidental part of retail activity regularly conducted from within a permanent building on the Property.
Sidewalk widths adjacent to outdoor vending areas shall not be reduced to less than five (5) feet, except to
accommodate a permitted festival or other similar special event. Trash receptacles shall be provided and
conveniently located for each block that contains an outdoor vending area. Any outdoor vending areas
shall not be open to the public after 10:00 p.m.
3. Parking Structure Design and Fire Protection. Parking structures without ground floor retail uses along at least
one façade or without useable floor space for residential or nonresidential uses along any façade that faces
a one-family use or public or private street shall be permitted, provided the design of such structures is
generally consistent with the Cox Road Multi-Family Community Pattern Book (see case file REZ2018-0006) as
determined at the time of Plan of Development Review. A 3” standpipe for fire protection shall be provided
within all structured parking at approximately 200’ intervals. The exact location of these improvements will be
determined during Plan of Development review.
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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4. Building Height and Emergency Communications System. Buildings and structures may exceed sixty (60) feet
in height. Buildings on the Property shall not exceed 85’ in height. For any building above sixty (60) feet in
height, the owner shall install a fire command center and emergency radio communication equipment in the
building to allow for adequate public safety and radio coverage within and between such buildings. A
communications consultant shall certify such equipment as compatible with the County’s emergency
communication system within 90 days of the owner or tenant obtaining a Certificate of Occupancy for any
such building. The County shall be permitted to perform communications testing within the buildings at any
time.
5. Open Space. Open space on the Property may be less than twenty percent (20%).
6. Commercial/Office Square Footage. The minimum commercial and office square footage may be less than
twenty-five percent (25%) of the Property.
7. Crime Prevention. Prior to occupancy of any new structure containing commercial or office uses, the owner
and the Crime Prevention Unit of the Division of Police shall conduct a security survey of the property. The
owner shall implement mutually agreed upon security recommendations.
8. Proffered Conditions. All proffered conditions accepted with case REZ2018-00006 shall be made a part of this
Provisional Use Plan.
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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Development Standards
1. Minimum area. A project must contain at least twenty acres unless the project is located within the Innsbrook
Redevelopment overlay district as described in Section 24-92.4 of the Henrico County Code and contains at
least four acres. In calculating the minimum acreage of the project, land zoned C-1 conservation district may
be counted towards this requirement, but existing publicly dedicated streets and proposed public rights- of-
way shall not. Once a UMU district is established, areas of less than twenty acres or less than four acres in the
Innsbrook Redevelopment overlay district may be added to the UMU district through rezoning provided:
a. The area to be added is directly adjacent to the district or located across a public street with a right-of-
way no wider than ninety feet.
b. The design features proposed are consistent with the existing UMU project as determined at the time of
rezoning.
c. Required impact analyses are provided or existing impact analyses are updated to reflect additions to the
approved UMU project. Pedestrian and vehicular access connects the area to be added to the approved
UMU project.
d. Where such connections are to private roads or property, access agreements shall be provided prior
to rezoning to demonstrate such connections can be made.
2. Height. No building or structure shall exceed a height of two hundred feet.
a. Buildings within one hundred and fifty feet of a one-family dwelling existing on June 28, 2016, shall not
exceed forty-five feet in height.
b. Buildings more than one hundred and fifty feet and up to three hundred feet from a one- family dwelling
existing on June 28, 2016, shall not exceed eighty feet in height.
3. Street access. The primary access to the UMU district shall be from Cox Road over a private shared roadway,
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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a major access road, major collector, minor arterial, or major arterial roadway as designated on the county’s
major thoroughfare plan.
4. Internal circulation. Properties within the overlay district shall provide vehicular and pedestrian circulation
between adjacent properties unless otherwise approved by the director of planning due to design
considerations such as utility conflicts, steep topography, or other factors. Copies of applicable cross access
agreements shall be provided at the request of the director of planning.
5. Sidewalks. Sidewalks, a minimum five feet in width in nonresidential areas, shall be installed along the property
side of each street, public or private, exclusive of private alleyways, unless otherwise approved by the director
of planning at the time of plan of development review due to design considerations such as limited right-of-
way, utility conflicts, or steep topography. The minimum sidewalk width may not include any outdoor dining,
display or vending area.
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Master Plan Regulations
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6. Minimum yard (setbacks) and lot width and area. The minimum building setback shall be 10 feet along
the main entrance drive and 5 feet along all other property lines. The maximum building setback along
the main entrance drive and Cox Road shall be 25 feet as measured from the property line to the nearest
point of the building facade. The minimum lot width shall be twenty feet; the minimum lot area shall be eight
hundred square feet.
7. Landscape and buffering
a. Purpose. The purpose of the UMU district landscaping and buffering standards is to provide visual
enhancement of the UMU district; protect and promote the appearance, character and economic value
of property; reduce visibility of parking areas and other unattractive areas from adjacent properties and
public lands; moderate climatic effects; minimize noise and glare; enhance public safety; reduce
stormwater runoff; and provide visual transition between neighboring properties.
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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b. Applicability. This section shall apply to all UMU district development plans. The developer shall submit a
landscape plan with each final site plan approved for each phase of development.
c. General landscaping requirements.
i. Type and variety. Plant materials shall be selected from the approved plant list in the
current Henrico County landscape manual. All modifications shall be approved by the
director of planning in accordance with the substitutions or modifications section of the
landscape manual.
ii. Financial guarantee. Prior to the issuance of a certificate of occupancy, the applicant
shall provide a financial guarantee for the landscaping to the extent it is not installed
prior to the issuance of a certificate of occupancy. The amount of the financial
guarantee shall be determined by the director of planning. The financial guarantee (if
required) shall be held for a period of twelve months following the date of certificate
of occupancy issuance. A certificate of occupancy shall not be issued until the
required landscaping is planted in accordance with the approved landscape plan or
a financial guarantee shall have been provided. If planting cannot occur due to
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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seasonal or other constraints, the director of planning may accept a financial
guarantee to insure future installation of plantings. The financial guarantee may be
submitted in the form of an irrevocable letter of credit, certified check, surety bond, or
cash escrow. The amount shall include the full cost of plant materials and installation
costs such as, but not limited to, soil treatment, labor, and guying costs. If the director
of planning accepts a financial guarantee to insure future plantings, all required
landscaping shall be installed by the following planting season in order to obtain a
refund of the guarantee.
iii. Sight distance. The landscape plan shall identify a sight distance triangle at all
intersections. The sight distance triangle shall include the area between the lines of
an intersecting street or private drive and a straight line connecting them at point
twenty feet distant from the existing or proposed right-of-way line or private drive
intersection. No trees, shrubs, or other materials shall be placed where they will
impede visibility above a height of two and one half of a foot or below a height of eight
feet above the established curb grade within a sight distance triangle or where
prohibited by the Virginia Department of Transportation or the department of public
works.
d. Preservation of existing trees. Preservation of existing trees and shrubs shall be maximized to provide for
continuity and improved buffering ability when practicable. Consideration shall be given to topographic,
grading, building and parking locations and other site conditions and constraints. Except for tree canopy
requirements, trees retained for compliance with this section shall not be less than six feet in height, shall be
noted on the landscape plan, and shall comply with the following:
i. Prior to landscape plan approval, the property owner shall sign a statement stating
protective measures to be taken and agreeing to replace trees or shrubs that die or are
removed during or after construction.
ii. The landscape plan shall identify the protection area and method of protection for
retained trees. The minimum radius of the protection area shall be determined by
multiplying the tree diameter in inches at four feet in height by one foot or by
delineation of the drip line of the tree, whichever is greater.
iii. The protection area shall be identified during construction with high visibility fencing.
COX ROAD MULTI-FAMILY DEVELOPMENT
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There shall be no encroachment including, but not limited to, earth disturbing
activities such as grading or stockpiling of soil or materials within the protection area.
iv. Any vegetation removed from a tree protection area before, during or after
construction shall be replaced with new vegetation which meets the minimum
requirements of this section, provided that shrubs, ground cover and non-specimen
trees may be removed.
e. New trees. Required tree plantings shall conform to the following minimum standards with caliper
measurements taken six inches above grade. At time of planting:
i. Canopy trees for streetscape use shall measure a minimum of a 3½-inch caliper; for
general landscape use, a minimum of 2½-inch caliper is required.
ii. Ornamental trees for streetscape use shall measure a minimum of a 2½-inch caliper; for
general landscape use, a minimum of 1½-inch caliper is required.
iii. Screening trees shall measure a minimum of eight feet in height.
f. New shrubs. Required shrub plantings shall conform to the following minimum standards. At time of
planting:
i. Shrubs for streetscape and general landscape use shall measure a minimum of
twenty-four inches in height or eighteen inches in spread at time of planting, unless the
shrubs are of a dwarf or low growing variety or otherwise approved by the
director of planning.
ii. Shrubs for screening use shall measure a minimum of thirty inches in height at time of
planting.
g. Tree canopy. Tree canopy requirements shall be calculated in accordance with the current landscape
manual. A minimum fifteen percent tree canopy shall be provided for all sites unless otherwise approved by
the director of planning.
COX ROAD MULTI-FAMILY DEVELOPMENT
Master Plan Regulations
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h. Screening.
i. Walls, fences, and plantings shall be utilized to physically reinforce an edge or street wall
condition and to improve the visual environment of the UMU district.
ii. Screening devices shall be required whenever:
• Parking areas occur along public or private rights-of-way (excluding internal
drives).
• Loading, service and trash collection areas, and utility and mechanical
equipment areas are visible from public rights-of-way or other properties at
ground level.
• Stormwater management facilities are placed within the development and are
not used as a design feature or recreational amenity.
• Incompatible or less intense uses about the UMU district.
• The screening requirement may be met along Interstate 64 and Cox Road by
installing a minimum 42” tall wall (from the right-of-way side). Landscape trees
and shrubs will be planted within open areas and parking lot islands between
the wall and buildings, decks and parking lots.
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i. Minimum screening requirements.
i. The minimum planting area width for screen landscaping shall be ten feet. The screen
landscaping strip shall not be located in areas identified for public improvement
projects or in public easements but may be located within the Cox Road right-of-way.
ii. The screen landscaping strip shall consist of existing vegetation, proposed
landscaping, berms, an opaque wall, or a combination thereof.
iii. Berms within the screen landscaping strip shall have a maximum slope of two to
one.
iv. If a proposed use within the UMU district abuts an incompatible or less intense district or
use, the landscape buffer between the districts or uses shall be a minimum of thirty-five
feet. The director of planning may approve an alternative buffer that minimizes the
adverse effects on the less intense district or use.
COX ROAD MULTI-FAMILY DEVELOPMENT
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j. Streetscape planting.
i. Applicability. Streetscape plantings shall be required on or along the main entrance
drive from Cox Road and on or along Cox Road. Required streetscape
planting on or along Cox Road may be planted in the Cox Road right-of-way. No
streetscape planting shall be required along the Interstate 64 frontage.
ii. Minimum requirements.
• A streetscape planting strip at least eight feet wide shall be located adjacent
to the main entrance drive from Cox Road and adjacent to Cox Road.
• Trees, shrubs, groundcovers, ornamental grasses, flowers and turf grasses shall
be planted within the planting strip.
• Canopy trees shall be planted a maximum of thirty-five feet on-center. The
director of planning may allow greater spacing to avoid conflicts or to
recognize major design features.
• Ornamental trees shall be planted a maximum of twelve feet on-center. The
director of planning may allow greater spacing to avoid utility conflicts or to
recognize major design features. The use of ornamental trees as street trees shall
be limited to areas with overhead constraints.
• Shrubs and ornamental grasses within the streetscape planting strip shall be
maintained at a maximum height of thirty-six inches or thirty inches within a
sight distance triangle.
COX ROAD MULTI-FAMILY DEVELOPMENT
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k. Parking lot landscaping requirements.
i. Parking lot landscaping shall contain:
• An average of four trees for each one hundred feet of road frontage, with the
exception of driveways and Interstate 64 frontage if screening either is not
required or is provided by a wall or fence pursuant to Subsection (h)(ii) above.
Such trees shall be evenly spaced along the right-of-way frontage, located
within ten feet of the edge of the main entrance drive roadway pavement, and
placed between the edge of roadway pavement and sidewalk or within tree
wells with grates if sidewalks are constructed parallel to the roadway. This
requirement may be satisfied if such trees are located within the right- of-way.
Such trees shall be regularly trimmed so that the bottom six to eight feet of the
tree trunk remains clear of branches and vegetation.
• A continuous line of evergreen shrubbery planted along the entire perimeter of a
parking lot abutting a street (excluding Interstate 64 frontage if screening
COX ROAD MULTI-FAMILY DEVELOPMENT
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either is not required or is provided by a wall or fence pursuant to Subsection
(h)(ii) above) not more than te n feet behind the trees along the required
right-of-way frontage. The shrubbery must be at least two feet high when
planted and shall be regularly trimmed for appearance and height not to
exceed three and one half of a foot. This requirement may be satisfied if such
shrubbery is located within the Cox Road right-of- way.
ii. Parking lots shall be landscaped in general accordance with the master plan. Parking
decks, podiums and other structured parking areas shall not require internal
landscaping.
8. Common area, open space and preservation requirements.
a. At least ten percent of the entire project shall consist of conservation, recreation and open space areas
for the common use and enjoyment of residents, visitors and employees within the UMU district and shall be
clearly delineated in the project’s master plan. A reduced percentage may be approved by provisional
use permit. These areas may be distributed throughout the project and may include bodies of water,
historic sites, works of art, outdoor recreation and public meeting areas, courtyards, swimming pools,
plazas, dog parks and spas, fitness centers, club and game rooms, interior and rooftop gathering areas,
landscaping, fountains, sidewalks and bike paths and buffer areas. Internal bikeways and pedestrian
walkways and hallways shall connect open space areas. Common areas and open space shall be located
to enhance the living environment and pedestrian-oriented uses. Common open space may be
aggregated in large areas. Common areas may be conveyed and shall be maintained and controlled in
accordance with the covenants required by this article.
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b. Environmental protection, wetland, floodplain, other environmentally sensitive areas, and stormwater
management and “best management practices” (BMP) areas are not counted in meeting minimum open
space area requirements unless they are used as a design feature or recreational amenity.
c. Common areas and areas designated for open space and recreation shall be designed and arranged
in order to provide maximum use and accessibility to all owners or residents of the project or by the
public if dedicated for public use.
d. When recreational facilities are not included in the project, the common area shall contain land other
than floodplains, steep slopes, wetlands and resource protection areas that is of sufficient size and
suitable for recreational uses such as swimming pools, playgrounds, ballfields, tennis courts and similar
uses.
e. Natural common areas shall be protected and maintained during the development process as
required by the applicable provisions of Article VIII and Chapter 10 of the Henrico County Code. During
the development process, natural common areas shall not be used for storing, filling or dumping of any
materials and shall not be denuded, defaced or otherwise disturbed without the prior approval of the
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appropriate county department and the director of planning. If disturbed, such areas shall be restored
by the developer or owner to the condition existing prior to the disturbance, including the removal of
dead or damaged trees, stumps, and remnants in accordance with an appropriate plan containing
performance guarantees approved by the director of planning.
f. Common areas shall be maintained by the developer or owner of the project until they are conveyed to
a property owners’ association whose members shall be owners of property in the project. The
common areas shall be held by the owners’ association for use and enjoyment of its members. If the
developer or owner conveys the common area to an owners’ association, deed restrictions and
covenants, in form and substance satisfactory to the county attorney, shall provide that any assessments,
charges or costs of maintenance of the common areas constitute a pro rata lien upon the individual
properties inferior in lien and dignity only to taxes and bona fide duly recorded first deeds of trust on each
property or lot.
g. Areas dedicated to the county for public use, other than streets dedicated by the subdivision plat, shall be
conveyed to the county only in a manner and form approved by the county attorney.
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9. Lighting
a. Purpose. The purpose of UMU district lighting standards is to encourage good lighting practices designed to
conserve energy and money, minimize glare, protect the use and enjoyment of surrounding property, and
increase nighttime safety, utility, security, and productivity.
b. Applicability. The provisions of this section shall apply to any project in the UMU district.
c. Lighting standards.
i. All outdoor lighting fixtures shall be limited to the types of fixtures contained in the
project’s master plan.
ii. Light source locations shall be chosen to minimize the hazards of glare. The height of
freestanding lighting fixtures shall not exceed twenty feet, except that no more than
four lighting fixtures may extend to thirty-five feet at the intersection of public or private
streets unless otherwise approved by the director of planning.
iii. Illumination shall be measured at grade at the property line and shall not exceed one
footcandle ten feet outside the property line unless the director of planning finds
there will be no adverse effect on adjacent property or public safety.
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d. Streetlights. Streetlights shall be installed by the applicant and shall comply with the following:
i. Street lighting shall maintain an average illumination between one half and one and
one half of a footcandle unless an alternative level of illumination is approved by the
director of planning or county traffic engineer for safety purposes.
ii. Streetlight poles shall be designed and placed in accordance with VDOT or county
standards. Placement of the streetlight poles shall be coordinated to be on or near the
side property lines of residential dwelling units.
e. Parking lot lighting requirements. Adequate lighting shall be provided for surface parking facilities used
at night. The average required lighting intensity to be provided in all parking areas is one footcandle;
provided, however, that the lighting intensity for parking lots adjoining a right-of-way or residential area
shall not exceed one footcandle ten feet outside the property line unless the director of planning finds
there will be no adverse effect on adjacent property or public safety.
f. Submittal requirements. A lighting plan shall be submitted with each plan of development that details
the location and specifications of all lighting provided. An ISO footcandle diagram shall also be
provided to indicate the level and extent of proposed lighting.
10. Parking. Notwithstanding any other requirements with respect to off-street parking set forth in Section 24-96 of
the Henrico County Code, the following provisions shall be applicable in the UMU district:
a. Minimum spaces. The minimum number of parking spaces required for uses in the UMU district shall be
as follows:
i. For nonresidential uses, the minimum parking is:
• Restaurant: One space per one hundred and fifty square feet of gross floor area.
• Retail: One space per two hundred and fifty square feet of gross floor area.
• Office: One space per three hundred square feet of gross floor area.
• Hotel/motel: One space per bedroom.
• Other nonresidential uses shall provide parking as required by Section 24- 96(b)
of the Henrico County Code.
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ii. For residential uses, one parking space per one bedroom, studio, loft or efficiency
dwelling unit shall be provided, and one and one-half parking spaces per two or more
bedroom dwelling unit shall be provided, but such parking requirement may be
reduced by providing a parking study to be approved by the planning commission at
the time of any plan of development review.
b. Off-site parking. Off-site parking accessible by sidewalk, trail, or other improved pedestrian way which is
located within one thousand feet of a publicly accessible entrance of the building may be used in the
calculation of the required parking for a nonresidential use.
c. Parking garage. Parking within a garage or within an enclosed or covered space may be counted
toward meeting off-street parking requirements.
d. On-street parking – private streets. On-street parking on private streets shall count towards any
nonresidential off-street parking requirements, provided that such parking is not counted for any other use
and is located within one thousand feet of its intended use.
e. On-street parking – public streets. On-street parking on public streets shall count towards twenty-five
percent of any nonresidential off-street parking requirements, provided that such parking is not
counted for any other use and is located within one thousand feet of its intended use.
f. Shared parking agreements. The applicant shall provide documentation, such as shared parking
agreements, of the allocation of off- and on-street parking for all proposed uses with each application for a
building permit or change of use or at the request of the director of planning.
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11. Comprehensive sign program. Notwithstanding any other requirements in Section 24- 104.1, the following
provisions shall be applicable in the UMU district:
a. The master plan shall include a comprehensive sign program to coordinate all nonpublic signage visible
from the exterior of a building within the UMU district, unless otherwise approved by the director of
planning.
b. The following signage and variations shall be permitted in addition to signage allowed under Henrico
County Code section 24-34(p)(2):
i. Two freestanding signs shall be allowed for each leasing office, amenity area and
parking deck/area not to exceed twelve square feet and five feet in height. The
sign(s) may be erected within an outdoor plaza or other areas on the property.
ii. Blade signs are permitted as projecting signs and shall not exceed twenty square feet
in area.
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iii. Awing and canopy signs may be internally lit.
iv. Project signs may be up to 100 square feet in the aggregate.
v. Other project signage. Additional signage related to reserved parking areas,
directionals, handicap parking and access, lobbies, and addresses may be allowed or
required by governmental law or regulation.
TYPICAL BLADE SIGN
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TYPICAL LEASING SIGN
TYPICAL PROJECT SIGN
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12. Dwellings in special flood hazard area. Notwithstanding the provisions of Subsection 24-95(u)(1)
of the Henrico County Code, a mixed-use structure may be constructed in the special flood hazard area as
defined in Section 24-3 of the Henrico County Code if it meets the following requirements:
a. The structure is located on property zoned UMU; and the structure, or any portion thereof, is located within
three hundred feet of the James River;
b. The construction complies with the specific requirements of the Uniform Statewide Building Code and its
incorporated standards for construction in special flood hazard areas;
c. There must be vehicular access to the structure above the base flood elevation;
d. No portion of the structure below the base flood elevation may be enclosed on all sides;
e. The lowest enclosed floor is a minimum of one foot above the base flood elevation and is not used for
residential purposes, and
f. The structure is at least forty-five feet in height and contains more than forty residential units.
13. Covenants required. Each tract of land within a project shall be under the supervision or control of a unified,
central authority for the life of the project. To this end, restrictive covenants shall be recorded for each tract
to be developed. Proposed restrictive covenants shall be submitted to the planning office for review and
approval as to form satisfactory to the county attorney prior to any formal approval for development within
the UMU district, and they shall be recorded prior to building permit approval. The covenants shall, at a
minimum, provide for the creation of a property owners’ association; maintenance of individual sites,
common area, open space, landscaping and buffering and private streets; and minimum development and
operational standards for each tract. The covenants shall also provide that any assessments, charges and
costs of maintenance of common areas shall constitute a pro rata lien upon the individual lots or units
subject to the covenants, inferior in lien and dignity only to taxes and bona fide duly recorded first deeds of
trust on each lot or unit.
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14. Roads. Roads, driveways, and parking areas shall be designed and constructed in accordance with
pavement design standards and specifications of the department of public works unless the directors of
planning and public works find there will be no adverse impact on public safety. A licensed engineer shall
certify construction of the roadways to such standards in a phase of a development prior to the issuance of
any occupancy permit in that phase of the development.
15. HVAC screening. HVAC and mechanical equipment shall be screened from view at ground level. Screening
shall consist of landscaping or materials used in the principal building’s exterior.
16. Commercial vehicles. Parking of any commercial vehicle exceeding ten thousand pounds gross weight,
or any commercial trailer or wrecker, is permitted only when loading, unloading, or working at or near the
location where it is parked.
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17. Improvements. Improvements including, but not limited to, private streets, streetlights, sidewalks, and
encroachments shall be maintained by the developer or owner of the project until they are conveyed to a
property owners association whose members shall be owners of property in the project. If the developer or
owner conveys the improvements to an owners’ association, deed restrictions and covenants, in form and
substance satisfactory to the county attorney, shall provide that any assessments, charges, and costs of
maintenance constitute a pro rata lien upon the individual properties inferior in lien and dignity only to taxes
and bona fide duly recorded first deeds of trust on each property or lot.
18. Public water and sewer. All projects shall be served by public water and sewer.
19. Utility lines underground. All new utility lines such as electric, telephone, CATV or other similar lines shall be
installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines
necessary within the project. All junction and access boxes shall be screened with appropriate landscaping.
20. Outside storage and refuse containers. There shall be no outside storage of any equipment, materials or
supplies. Refuse containers shall be completely screened from view by means of an opaque fence or wall
that is architecturally compatible with the buildings on the site. Such containers shall be serviced only
between the hours of 6:00 a.m. and 12:00 midnight.
21. Architectural and site design policies. In accordance with the Innsbrook Area Study, the following
architectural and site design policies shall be encouraged in the UMU District:
a. Placement of plazas, pocket parks, village greens, squares, courtyards and other outdoor gathering
spaces is encouraged.
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b. The use of complementary colors, exterior finish materials, landscaping, signs, and building designs is
encouraged in order to give new developments a unified appearance.
c. Stormwater management facilities should be either below ground or incorporated into the development
as a useable amenity space with landscaping, seating, and walkways.
d. Buildings should be organized to create a pattern of individual blocks, creating pedestrian- friendly spaces
and streetscapes, while screening parking areas. Where logical, newly created streets should be built and
named to provide continuity to existing streets.
e. Blocks should not exceed six hundred fifty feet in length unless it is necessary accommodate variations in
building types, to protect natural features or topography on a site, or to align with existing or planned
street connections. When necessary, a mid-block pedestrian access point should be provided to allow
pedestrians to cross through the block.
f. All exterior building walls should provide a finished appearance with high- quality façade materials,
windows, public entrances, balconies, variations in building materials and colors, and other features to
avoid the appearance of a blank wall.
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g. Decorative, pedestrian scale lighting should be provided to enhance the area by creating character and
charm. On-site lighting should be of a consistent style and reduced height.
h. New residential development should be of a high-quality consistent with that of surrounding
neighborhoods.
i. Uniform street tree and lighting standards should be used in all new residential development.
j. Architectural details and other features should be provided on all sides of the building to avoid blank
walls.
k. Residential buildings with four or more units should vary their setback by a minimum of two feet so that no
more than fifty percent of the building is located on the same building line without building wall
articulation.
l. Cantilevered chimneys, gas vent units, closets, and/or storage units should be discouraged.
Cantilevered balconies are acceptable
m. Main entryways for new residential areas should include a landscaped median with a minimum width
of five feet, color/ textured paving, and other “gateway” elements.
n. Service areas and trash enclosures should not be located within an alley’s right-of-way and should be
enclosed when not in use.
o. The use of side-, rear-, or alley-loaded garages, or the use of a combination of different garage
orientations along a street frontage is encouraged. Street-facing garages should be recessed behind the
front façade of the dwelling.
p. For multi-family developments, garages and carports should be located inside the development and
should not face off-site streets or adjacent single-family dwellings (except for Interstate 64 frontage if
screened from view).
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22. Transit policies. In accordance with the Innsbrook Area Study, the following transit policies shall be
encouraged in the UMU District:
a. Promote the development of an interconnected street network that accommodates a variety of
transportation modes and preserves existing street network capacity.
b . Initial development or redevelopment within each land bay should provide an overall plan depicting a
proposed road network for the land bay. This road network should provide multiple routes and
intersections to improve traffic circulation.
c. Cul-de-sacs or other dead end streets should be avoided unless necessitated by the presence of
natural features, established development patterns, or other site constraints.
d. Bus service should be extended along W. Broad Street to connect the study area with regional
services and employees.
e. In order to encourage non-vehicular use, bicycle paths and racks should be provided throughout the
study area.
f. Businesses and offices should be encouraged to have shared drive access within the development
and to major roads.
23. Landscaping, buffering, and open space policies. In accordance with the Innsbrook Area Study, the
following landscaping, buffering, and open space policies shall be encouraged in the UMU District:
a. Natural amenities currently located within the study area, such as streams and large ponds, should be
retained and enhanced for public use when practicable.
b. Encourage passive and recreational parks and open space to serve as amenities for residents.
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c. Existing mature trees should be maintained and incorporated into site designs when practicable.
d. Street trees should be provided along new and redeveloped streets at a spacing of no greater than
thirty-five feet on center. Tree location should be done in consideration of utility lines (e.g., water and
sewer).
e. Where the right-of-way along a block face includes street trees, new development should continue the
existing conditions in terms of the species, configuration, and average spacing.
f. The areas of landscaped median and streetscape along Cox Road should be maintained and additional
landscaped medians and/or streetscapes should be considered for Cox Road and other roadways in the
study area as adjacent properties are redeveloped.
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g. Buffers should be established between surrounding single-family residences and other types of
nonresidential development. These buffers may include existing vegetation, enhanced landscaping,
berms, fences, walls, or any combination of these. They should be sufficient to block headlights from
parking areas, help dissipate noise from commercial activities, and prevent uncontrolled pedestrian
movement between single-family residences and nonresidential uses.